DATE: 20041006

DOCKET: C41611

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) -and-

EDWARD SWEET (Appellant)

BEFORE:

LABROSSE, WEILER and BLAIR JJ.A.

COUNSEL:

Robert B. Howe

for the appellant

Croft Michaelson

for the respondent

HEARD AND ENDORSED:

October 6, 2004

On appeal from the decision of Justice Michael J. Quigley of the Superior Court of Justice, sitting without a jury, dated March 24, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The application in the court below was an interlocutory application in the context of a criminal proceeding. There is no provision in the Criminal Code that permits the appellant to seek appellate review of that decision.

[2] The appeal is dismissed.